Paper, Order, or Assignment Requirements

Please respond to the Essay questions (#27-30) with a few paragraphs.

QUESTION 27

SuperComp, Inc. is a software company that entered into a Software License Agreement with ABC Corporation wherein ABC agreed to license SuperComp’s newly developed, cutting-edge software to integrate with ABC’s products. ABC is aware that several competitors of SuperComp are suing users/licensees of similar software for intellectual property infringement.  ABC is concerned that if it begins using SuperComp’s new software, it will get sued by one of these “third parties” as well. What provision(s) can ABC include in the Software License Agreement to address this concern?  Explain how these provision(s) will protect ABC in the future.

QUESTION 28

Scholarly University has hired Herman Inc., a marketing agency, to prepare an advertising and marketing campaign for Scholarly University in order to boost student enrollment.  The marketing campaign will consist of electronic and print images. Images for the campaign are being collected by Herman Inc. from a variety of sources, including popular magazines, international newspapers, and web sources. The Vice President of Herman Inc. asserts that the agency may use the images, without a copyright license, for Scholarly University’s advertising/marketing campaign under the “fair use” doctrine. Apply the IRAC method of legal reasoning (Issue, Rule, Analysis, and Conclusion) to determine whether the Vice President of Herman Inc. is correct.

QUESTION 29

A young stockbroker was rather overwhelmed by a flood of new clients. Brian, one of her clients, had purchased XYZ Corp. stock through the broker at a price of $35 per share. The price had gone down to $29 by the time Brian telephoned the broker. Brian told the broker that he wanted to sell the stock if it went below $30 and inquired as to the price. The broker did not check the price, but thinking it could not have fallen below the $30 threshold, simply reassured Brian that it was still “in the low 30s.”

Martha, Brian’s cousin, also had purchased XYZ stock at $35 per share and made a similar call to the broker and received the same response. Martha, however, coincidentally saw the price on a stock ticker tape when she hung up and realized the broker had made an error. Both Brian and Martha held the stock and did not sell.

Later that same day, the stock price fell an additional $7 per share. Facing sizable losses, both Brian and Martha decided to sue the broker for fraud when Martha told Brian of the broker’s misstatement. What will be the probable outcome of the two lawsuits?

QUESTION 30

Will, a comedy writer, entered into a contract with Connie, a comedian. The contract did not include any limitation of liability clause. The contract stated that Will would provide Connie with a 15-minute monologue for her upcoming appearance on Comedy Hour and that Connie would pay Will $250 for the monologue. Connie paid Will $250 the day the contract was signed and bought herself a $100 train ticket for the future trip to the Comedy Hour studios. All performers on Comedy Hour make $500 per appearance. As Will knows, the last time Connie appeared on Comedy Hour she was asked to make special guest appearances at three local comedy clubs – using the same monologue she had used on Comedy Hour. Connie had earned a total of $900 for those three prior performances.

Shortly before Connie was scheduled to appear on Comedy Hour, Will informed her that he was unable to write the monologue. As a result, Connie was forced to cancel her appearance.  Also, she forgot to contact the train company for a ticket refund within the allowable 10-day window and thus, was not able to get a refund. Connie sued Will for breach of contract. Describe the types of damages that Connie could claim in this lawsuit. Is a court likely to grant each type of damage claimed and why or why not?